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HomeMy WebLinkAbout04-2546IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff V. SHELLIE A. PANZER, Defendant NO. f7 q- 0ZI' CIVIL ACTION- LAW DIVORCE COMPLAINT AND NOW, this day of June, 2004, comes the Plaintiff, Mark C. Panzer, by his attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNTI DIVORCE 1. The Plaintiff is Mark C. Panzer, an adult individual residing at 1112 Cross Creek Drive, Enola, Cumberland County, PA 17025 since March, 2004. 2. 3. 4. 5. 6. 7. The Defendant is Shellie A. Panzer, an adult individual residing at 1920 Monterey Drive, Mechanicsburg, Cumberland County, PA 17050 since February, 2002. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on September 30, 1989 at Spokane, Washington. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Defendant is not a member of the Armed Services of the United States or any of its Allies. -2- 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; b. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs I through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from September 30, 1989, the date of their marriage, until January 7, 2004, the date of their separation, all of which are "marital property" or "marital debts". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. -3- COUNT III CUSTODY 14. 15. Paragraphs 1 through 13 are incorporated by reference hereto as fully as though the same were set forth at length. Plaintiff seeks custody of the following children: NAME PLACE OF RESIDENCE AGE D.O.B. 16. 17 18. 19. 20. 21 Christopher Panzer 1920 Monterey Drive 12 12/17/1991 Mechanicsburg, PA 17050 Kyle Panzer 1920 Monterey Drive 9 8/19/1994 Mechanicsburg, PA 17050 The children were not born out of wedlock. The children are presently in the custody of Defendant who resides at 1920 Monterey Drive, Mechanicsburg, PA 17050. During the past five years, the children have resided with the following persons and at the following addresses: PERSON ADDRESS DATES Sheltie A. Panzer 1920 Monterey Drive 1/7/04-present Mechanicsburg, PA 17050 Shellie A. Panzer 1920 Monterey Drive 2/02-1/7/04 Mark C. Panzer Mechanicsburg, PA 17050 Shellie A. Panzer Santa Catalina Drive 1998-2/02 Mark C. Panzer Scottsdale, Arizona The father of the children is Mark C. Panzer, currently residing at 1112 Cross Creek Drive, Enola, Cumberland County, PA 17025. The father is married to Defendant, Shellie A. Panzer The mother of the children is Shellie A. Panzer, currently residing at 1920 Monterey Drive, Mechanicsburg, Cumberland County, PA 17050. -4- 22. The mother is married to Plaintiff, Mark C. Panzer. 23. The relationship of'Plaintiff to the children is that of father. 24. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP None N/A 25. The relationship of Defendant to the children is that of mother. 32. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Christopher Panzer Son Kyle Panzer Son 33. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 34, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 35. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 36. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Mother has threatened to move away with the children back to Scottsdale, Arizona b. The children will benefit from having a regular and close relationship with Plaintiff/Father. 37. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this -5- action. WHEREFORE, Plaintiff requests the Court to grant shared legal and partial physical custody of the children to the Plaintiff and further to direct that Mother may not move the children from Cumberland County, Pennsylvania, without Father's consent or Court Order. 1 Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -6- Respectfully submitted, VERIFICATION Mark C. Panzer verifies that the statements made in this Complaint are true and correct. Mark C. Panzer understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. MARK C. PANZE Date: U /04/p4 -7- Tj -^1 N ?q C r ? b +\ y ` ct -?tf ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff NO. V. SHELLIE A. PANZER, CIVIL ACTION - LAW IN DIVORCE/CUSTODY Defendant PETITION FOR SPECIAL RELIEFANJUNCTION Petitioner, Mark C. Panzer, by his attorney, Diane G. Radcliff, Esquire, files the above referenced Petition, and represents that: Your Petitioner is Mark C. Panzer, (hereinafter referred to as "Husband'), residing at 1112 Cross Creek Drive, Enola, PA 17025, and is the Plaintiff in the above captioned divorce action. 2. Your Respondent is Shellie A. Panzer, (hereinafter referred to as "Wife"), residing at 1920 Monterey Drive, Mechanicsburg, PA 17050, and is the Defendant in the above captioned divorce action. 3. The within action was commenced by the filing of a Divorce Complaint concurrently with the filing of this Petition. 4. In that Divorce Complaint, the following claims were raised: (1) Divorce under Sections 3301(c) and 3301(d); and (2) Equitable Distribution of Marital Property and Debts. 5. The parties were married on September 30, 1989. 6. The parties separated on January 7, 2004. 7. In late April or Early May, 2004, Husband received a bonus check from his employment with Rite Aid Corporation in the approximate net amount of $440,000.00 which he deposited into the parties joint Commerce savings account, which had a balance of approximately $80,000.00 at that time, resulting in a new balance of approximately $520,000.00. -2- 8. The $404,000.00 bonus was paid to Husband post separation and as a result of his job performance over the 2003 calendar year. 9. When Husband was recently away on a business trip, Wife removed the $480,000.00 from the joint Commerce savings account and deposited it into an undisclosed account in her sole name. That withdrawal left $50,000.00 in the joint account 10. Wife has refused and continues to refuse to return the $480,000.00 to Joint Commerce savings account. 11. Husband believes and fears that Wife will spend a substantial portion of the $480,000.00 which would prevent Husband from obtaining the fair and equitable division thereof, unless an injunction is entered prohibiting removal, transfer, conveyance, disposition, alienation or encumbering of the $480,000.00. 12. No attorney has entered his/her appearance on Wife's behalf. 13. Wife has not been notified of the intended filing of this Petition because it is believed that such notification would do no good and because it was feared that if Wife knew of this filing in advance and entry of the Order attached hereto, she would hide or transfer or otherwise dispose of the $480,000.00 to prevent Husband from securing his rights therein including, but not limited to, his non-marital property rights and equitable distribution rights to and of the $480,000.00. 14. No judge has been assigned to this case. WHEREFORE, based on the foregoing, Husband respectfully requests this Honorable Court to enter an Order: A. Enjoining and prohibiting each of the parties from the removing, transferring, conveyancing, disposing, alienating or encumbering $480,000.00. B. Requiring Wife to deposit the $480,000.00 into a jointly held account requiring the signatures of both parties for any withdrawals therefrom or, in the alternative, into an escrow account to be held by Husband's attorney so that neither party would have the right of withdrawal therefrom without the other party's consent pending equitable distribution. C. Requiring Wife to pay for all reasonable attorney fees and costs incurred by Husband in bringing this Petition, -3- D. For such other and further relief as the Court may deem appropriate. Respectfully submitted, D ?IFF, ESQUI 7 -- 34 oCamp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner, Mark C. Panzer -4- VERIFICATION Mark C. Panzer verifies that the statements made in this Petition are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. MA C. PANZER Date: (,e f Lk o -5- MARK C. PANZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SHELLIE A. PANZER, . Defendant NO. 04-2546 CIVIL TERM ORDER OF COURT AND NOW, this 4`h day of June, 2004, upon consideration of Plaintiffs Petition for Special Relief/Injunction, it is ordered and directed as follows pending further order of court: 1. Defendant is directed to advise Plaintiff immediately as to the situs of the $480,000.00 referred to in the petition, or any proceeds thereof, including in such notification information as to any pertinent financial institution and account number; 2. Defendant is directed not to change the situs of such funds, spend, transfer, encumber, dissipate or otherwise diminish the value of said funds; and 3. A hearing on whether this preliminary injunction should be continued, modified or terminated is scheduled for Thursday, July 1, 2004, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, /J""? P J esley Oler, . , Diane G. Radcliff, Esq. V Cam 3448 Hill, PA Camp H Hill, PA 17011 Attorney for Plaintiff Shellie A. Panzer 1920 Monterey Drive Mechanicsburg, PA 17050 Defendant, pro se :rc r' 6 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff V. SHELLIE A. PANZER, Defendant NO. CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Mark C. Panzer, by his attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition, and represents that: 1. Your Petitioner is Mark C. Panzer, (hereinafter referred to as `Father"), residing at 1112 Cross Creek Drive, Enola, PA 17025, and is the Plaintiff in the above captioned action. 2. Your Respondent is Shellie A. Panzer, (hereinafter referred to as "Mother"), residing at 1920 Monterey Drive, Mechanicsburg, PA 17050, and is the Defendant in the above captioned action. 3. The parties were married on September 30, 1989. 4. The parties separated on January 7, 2004. 5. The parties are the parents of two (2) minor children, (hereafter the "Children") to wit: NAME PLACE OF RESIDENCE AGE D.O.B. Christopher Panzer 1920 Monterey Drive 12 12/17/1991 Mechanicsburg, PA 17050 Kyle Panzer 1920 Monterey Drive 9 8/19/1994 Mechanicsburg, PA 17050 -2- 6. The within action was commenced by the filing of a Complaint concurrently with the filing of this Petition. 7. In that Divorce Complaint, the following claims were raised: (1) Divorce under Sections 3301(c) and 3301(d); (2) Equitable Distribution of Marital Property and Debts; and (3) Custody. 8. As part of the filing of the Complaint, Father has requested a Conciliation Conference and, if necessary, a hearing, be scheduled on his custody claim. 9. The Children have resided with Mother since the parties marital separation on or about January 7, 2004. 10. The parties moved to Mechanicsburg, PA in June 2001 when husband took a job with Rite Aid Corporation. 11. Prior to that move the parties lived in Scottsdale, Arizona. 12. Without Father's consent, Mother made plans to take the Children back to Scottsdale, Arizona for at least the entire summer. 13. Mother has advised Father of her intent to move back to Scottsdale, Arizona on a permanent basis and to take the Children with her. 14. Father does not believe that it would be in the Children's best interest to relocate from the Mechanicsburg, Pennsylvania area to Scottsdale, Arizona . 15. Father's relationship with the Children would be harmed by any relocation of the Children, since he would be unable to see them on a regular and on going basis given the distance involved and his work schedule. 16. Mother has no reason for moving other than she does not like the Mechanicsburg, PA area and likes Scottsdale, Arizona better. 17. Father would like to be able to spend some time with the Children this summer and cannot do so if Mother keeps them in Scottsdale, Arizona for the entire summer. 18, It is not likely that a hearing can be held by this Court on Father's custody claim prior to the end of the summer and before the beginning of the school year. -3- 19. Mother has not been notified of the intended filing of this Petition because it is believed that such notification would do no good and because it was feared that if Mother knew of this filing in advance she would leave the State and prevent service of the Complaint upon her. 20. No judge has been assigned to this case as of the date of this filing. WHEREFORE, based on the foregoing, Husband respectfully requests this Honorable Court to enter an Order: A. Requiring Mother to return the Children to Pennsylvania no later than August 1, 2004. B. Enjoining and prohibiting Mother from relocating the Children from their Mechanicsburg, PA residence to Scottsdale, Arizona or any other location without Father's consent or further Order of Court. C. For such other and further relief as the Court may deem appropriate. Respectfully submitted, DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner, Mark C. Panzer -4- VERIFICATION Mark C. Panzer verifies that the statements made in this Petition are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. MIK C. PAN ER Date: (Q 1 bc} Coq -5- C-, r,> v MARK C. PANZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHELLIE A. PANZER, . Defendant NO. 04-2546 CIVIL TERM ORDER OF COURT AND NOW, this 4a' day of June, 2004, upon consideration of Plaintiff's Petition for Special Relief, it is ordered and directed as follows pending the custody conciliation: 1. Legal custody of the parties' children shall be shared by the parties; 2. Primary physical custody of the children shall be in the mother; 3. Temporary or partial physical custody shall be in the father on alternate weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. 4. Responsibility for transportation of the children for purposes of custody exchanges shall be that of the mother. BY THE COURT, o JI' Jes y Oler e Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Shellie A. Panzer 1920 Monterey Drive iy) Mechanicsburg, PA 17050 Defendant, pro se :rc :-, .., _.- -; =;, -'; :r MARK C. PANZER, v : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SHELLIE A. PANZER, Defendant TO THE PROTHONOTARY: : NO. 2004 - 2546 CIVIL TERM CIVIL ACTION - LAW Please enter the appearance of Hubert X. Gilroy, Esquire as attorney for Defendant, Shellie A. Panzer in the above matter. ?V// , Hubert Y.- Gilroy, Esquire Attorney or Defendant Broujos & Gilroy., PC 4 North Hanover (Street Carlisle, PA 17013 717-243-4574 ?? n? ?'' C= co Ci - r ? 7 ?.. ?-., t_. __i 4_: -_ _? I - w I f . r_ F -$<' -?? _.i -?, (V j? i N F" -, IN THE COURT OF COMMON PLEAS OF MARK C. PANZER CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 04-2546 CIVIL ACTION LAW V. IN CUSTODY SHELLIE A. PANZER DEFENDANT ORDER_F O? URT upon consideration of the attached complaint, Fri da,June 11, 2004 Esq. _, the conciliator, AND NOW, ear before D Iwo SS S 1:30 PM ective counsel app 2004 it is hereby directed that parties and their resp Monday, July 12, at at an effort will be made to resolve the issues in dispute; o 39 West Main Street, Mechanics bur , PA 17055 1 a the court, and to enter into a temporary for a Pre-Hearing Custody Conference. At such conference, accomplished, to define and narrow the issues to be heard by ear at the conference may if this cannot be en age order. All . Failure to app children age five or older may also be anent ordehe conference provide grounds for entry of a temporary or per' , Protection from Abuse orders, The court hereby directs the parties to furnish any and all exisprio orders to the conciliator 48 hou Special Relief orders, and Custo rs prior to scheduled hearing. dy FOR THE COURT. mhc C Sunda By: /s---- --- Custody Conciliator The Court of Common Pleas of For Cuminberlandformation County about is acc required by law to comply with the . essible facilities and reason lease contact our office, or business before the court. You must Americans with Disaa ilableilites to Act of disabled 1990 induals having business before the court, p prior to any hearing accommodations av All arrangements must be made at least 72 hours NOT attend the scheduled conference orris pp PER TO YOUR ATTORNEY AT ONCE. YOU OFFICE DO SET YOU SHOULD TA ONE, GO TO OR. TELEPHONE THE A ORNEY OR CANNOT AFFORD LEGAL HELP. HAVE AN OUT WHERE YOU CAN GET FORTH BELOW TO FIND Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 On? q ` "= 0`8dl? U .40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff NO. 04-2546 CIVIL TERM V. SHELLIE A. PANZER, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn/affirmed according to law, deposes and says: I am over 18 years of age and am not related to either party to this action. I served a true and correct copy of the Complaint, properly endorsed with a Notice to Plead, and filed in this case on June 4, 2004 upon the Defendant, Shellie A. Panzer, on June 4, 2004 by handing a copy to the, said Defendant at 1920 Monterey Dr., Mechanicsburg, PA 17050. Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this 4i "6y of? 20,?. NOTARY PUBLIC T My commission expires: COMMONWEALTH OF PENNSYLVANIA Nodal Seal Deborah L WNW, Notary Pudic Camp HIN Boto, cumbeAand co ft MY CommkNOn Ettpne 8ept. 23, 2007 Member, Penneylvenla Auooletlon Of Nowfte f? o Q •-t Cl) ti 1? MARK C. PANZER, Plaintiff v SHELLIE A. PANZER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 2546, CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of Jaw, 2004, upon consideration of the within Stipulation, it is hereby ordered and directed as follows: 1. The parties shall deposit the $480,000.00 amount into a jointly held account with Commerce Bank, or another financial institution as the parties shall mutually agree. The account shall be established in such a manner as to require the signatures of both parties for any withdrawals therefrom, and neither party shall be permitted to make any withdrawals without the consent and signature of the other party or further Order of this Court. 2. Neither party shall spend, transfer, encumber, dissipate, or otherwise diminish the value of said funds absent mutual agreement of the parties or further Order of this Court. 3. The hearing scheduled in this case for Thursday, July 1, 2004 at 1:30 p.m. is cancelled. BY THE COURT, J. cc: Diane G. Radcliff, Esquire Hubert X. Gilroy, Esquire x?ee Jr., J. v' '7- 0' 'o y C?- - Id IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff V. SHELLIE A. PANZER, Defendant NO. 04-2.546 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY STIPULATION AND NOW, this day of June, 2004, Diane G. Radcliff, Esquire Attorney for Mark C. Panzer, Plaintiff, and Hubert X. Gilroy, Attorney for Shellie A. Panzer, Defendant, having been duly authorized by their respective clients, hereby stipulate and agree as follows: The parties' shall deposit the $480,000.00 amount into a jointly held account with Commerce Bank, or such other bank or other financial institution as the parties shall mutually agree. The account shall be established in such a manner as to require the signatures of both parties for any withdrawals therefrom, and neither party shall be permitted to make any withdrawals without the consent and signature of the other party or further Order of this Court. 2. Neither party shall spend, transfer, encumber, dissipate, or otherwise diminish the value of said funds absent mutual agreement of the parties or further Order of this Court. The parties authorize the Court to enter an Order incorporating; the terms of this Stipulation as an order of this Court. IN WITNESS WHEREOF, the parties legal counsel hereto have set their hands and seals the day and year below written. NOV 0 1 ?004 MARK C. PANZER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-2546 CIVIL ACTION LAW SHELLIE A. PANZER Defendant IN CUSTODY ORDER AND NOW, this 28th day of October, 2004 , the conciliator, having received no request from either party to reschedule the custody conciliation conference originally set for July 12, 2004, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ? 1, .C RJ Z- AON hBDZ AdViON Or LOW 3?U 3Q 3.^1H.40-031U MARK C. PANZER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SHELLIE A. PANZER, Defendant CIVIL ACTION - LAW NO. 04-2546 Civil Term DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE ME 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 2 ar I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: E., i, SHELLIE A. PANZER 3 `rC:? i' 4" 4; 9?: ??, Y? f , i rv r ?i Cl C.: ?? `, ,, 1 ?. "_ F ?.. ._. r ??. r ` ,i ?? i_. _. ? ,. -_, `?... [' ? a. ?) _; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff NO. 04-2546 CIVIL TERM V. CIVIL ACTION - LAW SHELLIE A. PANZER, IN DIVORCE/CUSTODY Defendant AFFIDAVIT OF CONSENT 1. A Complaintl, in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. verify that he statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswornl falsification to authorities. Dated: '7 ! /!0 gS PA? MAR C. PANZER C-3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff V. SHELLIE A. PANZER, Defendant NO. 04-2546 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning divorce gdivision ranted of property, lawyer's fees or expenses if I do not claim them before 3. 1 understand' that I will not be divorced until a divorce decree i entered ib t edCoi urt and the that a copy of the decree will be sent to me immediately after Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: 4/6) MAR C. PANZER ?? ?? .. MARK C. PANZER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW SHELLIE A. PANZER, ) Defendant ) NO. 2004-2546 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2008 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 2. I understjand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein al?e made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Aj? SHELLIE A. PANZER ajdle/- I . I consent to the entry of a final decree in divorce without notice. ??,:' r- .? ? C,? ?- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYUiANIA MARK C. PANZER, Plaintiff NO. 04-2546 CIVIL TERM V CIVIL ACTION - LAW SHELLIE A. PANZER, IN DIVORCE/CUSTODY Defendant PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw all economic claims filed by the Plaindff in his Divorce Complaint filed of record on June 4, 2004. ?--? DIANE G. DCLIFF, ESQUI AttUr-ne-y for Plaintiff Dated: July 1, 2008 C4 c MARK C. PANZ?R, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW SHELLIE A. PANZER, ) Defendant NO. 04-2546 CIVIL TERM ) PRAECIPE TO THE PROTHONOTARY: Please withdraw any economic claims filed by the Defendant in the above-captioned matter. m 1 L. An es Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 t.3 ?-1/? PiZil PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this qtkday of +X-e- 1 2008, is by and between: MARK C. PANZER, of 1920 Monterey Drive, Mechanicsburg, Pennsylvania, 17050, party of the first part, hereinafter referred to as "Husband"; and SHELLIE A. PANZER, of 18303 North 95`" Street, Scottsdale, Arizona, 85255, party of the second part, hereinafter referred to as "Wife." WITNESSIETH: WHEREAS, the parties hereto are husband and wife, having been married on 30 September 1989 and are the parents) of two minor children: Christopher B. Panzer, born 17 December 1991 and Kyle J. Panzer, born 19 August 1994 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 04-2546 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Diane G. Radcliff, Esquire, have each exchanged information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have 'had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have] that agreement reduced to writing. NOW, TOEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be klept promises set forth hereinafter, and for other good and valuable considerations, and -1- intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do Thereby covenant, promise, and agree as follows: 1. LEGAII. CUSTODY. The parties shall share legal custody, as that term is defined by the laws of the Commonwealth of Pennsylvania, of their two children. The parties shall cooperate to exchange and share information and to make all decisions regarding the education, healthcare, and religious training of the children by mutual agreement whenever possible. Each party shall have full right of disclosure of and access to all important information regarding the children. 2. PHYSICAL CUSTODY. Wife shall have primary physical custody of both children. Husband shall have periods of temporary or partial physical custody as follows: A. One weekend per month from Friday through Monday; and B. During the children's Christmas vacation from school from a time on Christmas ',Day determined by the mutual agreement of the parties through a time on New Year's Day also determined by the mutual agreement of the parties; C. The majority of time over the children's other vacations during the school year; D. Alternating major holidays, at times to be determined by the mutual agreement of the parties; E. Two (2) weeks per year for the children to spend time with Husband's mother, again upon fourteen (14) days' advance notice to Wife; F. Such other times as the parties may mutually agree. In addition to theabove, each parent shall be entitled to four (4) weeks during the children's summer vacation from school of custody of both children, which weeks may be exercised consecutively or non- consecutively, but only upon fourteen (14) days' advance notice to the other parent. The parties shall cooperate with each other to implement the schedule of custody. If either party is going to have the children outside of Scottsdale, Arizona, for more than two (2) consecutive days, they will notify the other party at least fourteen (14) days in advance of that trip and provide information as to where the children will be staying and how the non-custodial parent may contact the children or the parent having custody -2- during that trip. The children will not be relocated from Scottsdale, Arizona, without the prior consent of both parties or an o Ider of a court of appropriate jurisdiction over custody matters at that time. 3. CHILD SUPPORT. Husband shall pay child support to Wife, as follows: A. The amount of support shall be Three Thousand Four Hundred ($3,400.00) Dollars per month as long as both of the children remain in Wife's primary physical custody. When either of the children is no longer eligible for child support, as determined in accordance with Paragraph B hereof, the amount of child support for the child remaining eligible under this paragraph, shall be the amount established by the mutual agreement of the parties or, if they cannot agree, the amount shall be recalculated in accordance with the Arizona support guidelines in effect at the time of such recalculation. B. The child support payments hereunder for each child shall end when the first of the following events occur: (1) The child is no longer living in the primary physical custody of Wife; (2) The child is emancipated as that term is defined by law; or (3) The child has both attained the age of eighteen (18) years and gralduated from high school. C. The amount of child support shall be subject to modification if the incomes of the partiesi change significantly, provided, however, that there shall be no adjustment in the amount of child support as a result of a reduction in income of either party that results from that party's own conduct. That is, an adjustment of child support shall only take place if a party's income is significantly reduced through no fault or action of that party. D.'; In addition to the cash payments made to Wife pursuant to this paragraph, Husband $hall pay the tuition costs for both children to attend the Notre Dame Preparatory School orll any other school which the children attend for their secondary school education with the consent of both parties. Husband shall make such payments directly to the school. II -3- E. Husband shall provide health insurance, including medical, dental, and vision coverage foi the children as long as he is obligated to pay child support for the children, or either of them, pursuant to this paragraph. Husband shall provide verification of such continuing ?nsurance coverage, and all necessary identification cards and benefit booklets to Wife as deeded. Husband's obligation to provide health insurance is based upon the current financial circumstances of the parties and shall be subject to negotiation or modification in the event of a substantial change in both circumstances in the future. 4. POSTSECONDARY EDUCATION. The parties acknowledge that their children are likely to wish to pursue post-secondary education, in the form of college, trade school, or the like, and both parents want to facilitate such education. Accordingly, they agree that the costs of such education for their children shall be paid as follows: A. The "educational costs" of the post-secondary education by both or either of their children shall, for purposes of this paragraph, include tuition, room, board, books, and other educational fees and expenses paid directly to the institution which the child or children attend for such post-secondary education and all other costs reasonably incurred to permit them to attend such school (such as housing and food expenses if the child or children do not live in university or college housing). B. The educational costs of each child will be paid first from any scholarships, grants or ether non-loan financial aid received by the child from the school the child is attending or any other third-party source. To the extent that the educational costs are not paid from such sources, the funds in each child's educational accounts, as provided for in this agreement, shall be applied to pay such costs. C.Husband shall pay any of the educational costs incurred for either of the children to the extent they are not fully covered by the provisions of Paragraph B above. His obligation to pay such educational costs, however, is conditioned upon the following: (1) The child being enrolled in the educational institution on a full- time continuing basis; -4- (2) The child maintaining an overall C average; (3) The child maintaining a relationship with Husband; and (4) The child being under the age of twenty-three (23) years. Husband and Wife agree they shall consult with each other and with the child and reach a mutual agreement, between themselves and the child, as to the educational institution to be attended by the child and the expenses incurred for that post-secondary education. Both parents agree that they shall not unreasonably withhold their consent to the child attending the educational institution of their choice. In the absence of a mutual agreement, Husband's liability under Sub-Paragraph C hereof, shall be limited to the average costs for in-state residents to attend a state school, and live in university housing with a full meal plan in effect, in the state in which the child resides at the date he graduates from high school. 5. LIFE 1NSURANCE AND BENEFICIARY DESIGNATIONS. The parties agree to provide security for their children upon the death of either party, as follows: A Each party will designate each child to receive twenty-five (25%) percent of the death benefit on Husband's Super Value (Star) 401(k) plan account, or any account into which he ttansfers the funds now in that account in the future, and Wife's Edward Jones individual ietirement account, or any account into which she transfers the funds now in that account in the future. The parties' obligation to maintain each child as a beneficiary under this sub-paragraph will continue until that child attains the age of twenty-three (23) years, or graduate from college, whichever shall first occur B. Wife shall have the right, at her sole option and at her own expense, to obtain such insurance on Husband's life as she chooses. Husband agrees that he will cooperate fully with ,Wife, including submitting to physical, medical, and other examinations as part of the application process, to assist Wife in obtaining such insurance coverage on his life. In the event that Wife elects to obtain such insurance, she shall be the sole owner of the policy, shall have the right to designate the beneficiaries as she sees fit, and shall otherwise have complete control over the policy. -5- 6. REAL ESTATE. The parties agree that they shall divide, distribute, and dispose of the interests in real estate that each of them own, as follows: A. I Husband shall become the sole owner of the property at 1920 Monterey Drive in MechanicFsburg, Pennsylvania, subject to the debt owed to Sun Trust Mortgage Company, which is secured by a first mortgage against the property. Within thirty (30) days of the date of this agreement, the parties shall make, execute, acknowledge and deliver any and all deeds or other documents necessary to transfer ownership of the property to !Husband. Husband shall be responsible to pay, in accordance with their terms, all debts, expenses, or liabilities arising out of the ownership or occupancy of that property, specifically including the mortgage which encumbers the property on the date of transfer, from and after the date of this agreement and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. B. Wife shall become the sole owner of the property at 18303 North 95"' Street, Scottsdale, Arizona, subject to the debt owed to Chase Mortgage Company, which is secured by a first mortgage against the property. Within thirty (30) days of the date of this agreement, the parties shall make, execute, acknowledge and deliver any and all deeds or other documents necessary to transfer ownership of the property to Wife. Wife shall be responsible to pay, in accordance with their terms, all debts, expenses, or liabilities arising out of the ownership or occupancy of that property, specifically including the mortgage which encumbers the property on the date of transfer, from and after the date of this agreement and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. C.' The parties acknowledge that Husband has purchased a property located at and known and numbered as 9488 East Canyon View Drive in Scottsdale, Arizona, and that Wife has previously executed a spousal waiver document waiving any claim to or interest in that property. The parties confirm that property, purchased by Husband with his non- marital axed post-separation funds, to be the sole and separate property of Husband. -6- Husband shall be responsible to pay, in accordance with their terms, all debts, expenses, or liabilities wising out of the ownership or occupancy of that property, specifically including the mortgage which encumbers the property, from and after the date of this agreement and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. D. 'The parties agree that each of them shall pay and satisfy, in accordance with their terms,' the debts which are secured by mortgages against the properties to be conveyed to them pursuant to this paragraph. In the event that either party fails to make those payments fbr sixty (60) days or more or fails to make payments within thirty-one (31) days of the date Ithey are due more than twice in any twelve-month period, the party failing to make such (payment shall, within ninety (90) days thereafter, refinance, pay-off or otherwise obtain the other party's unconditional release from the debt secured by the mortgage against the property and provide verification to the other party that such release, pay-off or refinancing has been completed. Further, should Wife fail to make any payment on the mortgage within thirty one (31) days of the date it is due, Husband shall have the right, but not the obligation to make that installment payment for Wife and to offset the amount hel pays against the alimony or child support payments due Wife for that. 7. STOCK OPTIONS. The parties acknowledge that, by virtue of his employment by Rite-Aid Corporation, Husband has obtained and been granted certain stock options prior to the date of the parties' separation and that the parties have exchanged information regarding those. Attached hereto and marked as Schedule A is a listing of the stock options giving the date they were granted, the date they mature, the option period in which they must be exercised, and the option or "strike" price. Husband represents to Wife that, as a result of his voluntary termination of his employment by Rite-Aid Corporation, he must exercise all of those stock options no later than 17 April 2008. The parties agree to divide, distribute, and dispose of those stock options, and their proceeds, as follows: A Husband shall exercise those options, within the time that he is required to do so pursuajnt to the grant arrangements with Rite-Aid Corporation. Husband will -7- immediately notify Wife of the date on which he exercised the options and the market price and estimated gross proceeds of the stock options promptly after he elects to exercise them. B. Husband shall have withheld from the gross proceeds of the stock options, the federal, state, or other income taxes Husband estimates to be due and owing as a result of the exercise of the stock options. C. Immediately upon receipt of the net, after tax, proceeds of the exercise of the stock options, and after income taxes have been withheld, Husband shall pay and distribute to Wife, as (part of the equitable distribution of the parties' marital- assets, fifty (50%) percent of ?he proceeds of those options, net of the strike price, any costs actually and reasonably ',incurred in the exercise of the options, and the income taxes withheld. Husband shall receive the balance of such net proceeds. D. Husband shall report, for income tax purposes, the income resulting from his exercise of the stock options and Husband shall be responsible to pay any and all income taxes resulting from the exercise of said option, with credit for Husband for the estimated taxes withheld from the proceeds of the stock options. In the event that the actual income taxes are loss than the funds withheld, Husband shall promptly pay to Wife, upon receipt of any refund of the funds withheld, fifty (50%) percent of any refund. In the event that the taxes withheld are inadequate to pay all taxes due as a result of the exercise of the options, Wife shall] pay to Husband, within fifteen (15) days of his request, fifty (50%) percent of the additional tax due, beyond the taxes withheld from the proceeds of the stock options. 8. RES Mc rED STOCK. The parties acknowledge that, during his employment by Rite-Aid Corporation, Husband received, shares of stock in the corporation subject to restrictions imposed by the corporation (hereinafter referred to as "restricted stock"). The parties further acknowledge that the parties, by filing joint income tax returns, have previously paid the income taxes resulting from the issuance of said stock to Husband and that Husband has previously liquidated some of that stock. Attached hereto and marked as Schedule B is a listing of the restricted stock issued to Husband providing the date the restricted stock was granted to Husband, the total number of shares originally granted, the -8- number of shares previously sold or liquidated and the date of their sale or liquidation, and the number of shares still remaining. The parties shall divide, distribute, and dispose of such restricted stock as follows: A. Husband shall, promptly after the execution of this agreement, transfer to Wife one-half of all of the vested restricted stock shares still held by him. Husband represents to Wife that Rite-Aid Corporation will permit the transfer of fifty (50%) percent of the stock shares to Wife and that such transfer will not violate the terms of the restriction imposed upon the stack or any other agreement or law and will not affect the income tax status of the stock shares received. B. After the transfer of stock to Wife in accordance with sub-paragraph A above, each of the'',parties shall be free to retain or to liquidate their stock as they see fit, provided, however, as follows: (1) Upon the liquidation, ten (10%) percent of the net proceeds of such liquidation (that is, after the payment of the costs of sale and any and all appropriate income taxes) up to a maximum of One Hundred Twenty Thousand ($120,000) Dollars per child, shall be deposited into each child's educational account established and maintained in accordance with Paragraph 10 of this agreement, and subject to the terms and provisions of that paragraph. In the event that either party has not liquidated sufficient stock to make this deposit into a child's educational account by the time the child graduates from high school, that party shall liquidate sufficient stock to make that deposit by the 15th of August of the year following the child's high school graduation. (2) Each party shall be responsible to pay any and all income taxes and costs of sale for any of the stock liquidated, sold, or otherwise disposed of ':by them following the date the stock is divided between the parties in accordance with this paragraph and shall indemnify and save the other party harmless from any loss, cost, or expense caused to that other party by their -9- failure to report the income and pay the tax on such income in accordance with) this sub-paragraph. 9. RETIREMENT PLANS. The parties have exchanged information previously about their retirement plans and other tax-deferred assets, including portions of which were earned or obtained by the parties prior to the marriage or after the marriage. The parties agree that they shall divide, distribute, and dispose of such accounts and assets as follows: A. Husband will retain his Rite-Aid 401(k) plan. B. 'Husband shall retain his Rite-Aid Supplemental Retirement Plan. C. Husband shall, within thirty (30) days of the date of this agreement, transfer, by a tax-free rollover, to Wife's individual retirement account with Edward Jones, that portion of his Albertson's savings plan (also known as the Super Value (Star) 401(k) plan), that will, after such transfer, equalize the balance in his Super Value (Star) 401 (k) Plan and her Edward Jones IRA as of 31 May 2008, together with any adjustment for the increase or decrease in the balance of those funds from 31 May 2008 until the time of transfer. The parties agree that Wife shall have the right to change the account into which the rollover transfer is made, on the condition that it be a lawfully tax-deferred individual retirement account. If a Qualified Domestic Relations Order, or any other order of court is required, Husband shall prepare and obtain entry and implementation of such order at Husband's sole expense. Both parties have agreed and represented to each other that no withdrawals have been made from these retirement accounts since their separation. D. After the transfers required by sub-paragraph C hereof, Husband shall be the owner of the balance of the funds in his Super Value (Star) 401(k) plan, his Rite Aid 401 (k) Plan, and his Rite Aid Supplemental Retirement Plan, and Wife shall be the owner of the balance in her Edward Jones individual retirement account, free of any further claim by the other. The parties shall 'icooperate with each other and their respective counsel to complete their obligations under this paragraph as promptly as possible after the execution of this agreement. -io- 10. COLLEGE EDUCATION ACCOUNTS. The parties acknowledge that, during their marriage, they crewed certain investment accounts intended to pay, in part at least, the post-secondary educational costs for their children. Husband represents that he is currently the custodian for those accounts, which are identified on Schedule C hereof, which lists the name of the investment company holding the account, the account number, the beneficiary of the account, and the approximate current balance in or valu&of said account. With regard to those accounts, the parties agree as follows: A. 'Husband shall continue as the custodian of those accounts. In the event that Husband is no longer able to serve in that capacity, by death or otherwise, Wife shall be designated as the substitute custodian. B. The custodian of each account shall provide copies of statements reflecting all activities in and value of said accounts to the other party within thirty (30) days of the end of any calendar year. Further, Husband shall provide copies of monthly statements from the account to Wife upon her request. C. The parties will supplement the funds in these accounts with proceeds from the sale of the irestricted Rite-Aid stock, in accordance with Paragraph 8 hereof. The funds so generated shall be distributed equally among each account held for each of the children unless the parties agree otherwise. D.' Neither party shall make or tolerate any withdrawals or expenditures from said account except for the payment of post-secondary educational costs for each of the children, without the prior written consent of the other party. In the event that there are funds remaining in any of those accounts at the time the child for whom the account is held attains the age of twenty-three (23) years, the funds in that account or those accounts shall be transferred to the account held for the benefit of the other child, if that child is under the age of twenty-three (23). When both children have attained the age of twenty-three (23) years, the''remaining funds shall be divided equally between Husband and Wife unless the parties mutually agree to distribute the remaining balance in the account or accounts to their children, in which event the funds will be divided equally between the children. -ii- 11. CASH PAYMENT. Husband shall pay Wife, as part of the equitable distribution of their marital property, cash, as follows: A. The sum of Twenty-Three Thousand ($23,000.00) Dollars upon the execution and delivery of this agreement; and B. The sum of Twenty-Five Thousand ($25,000.00) Dollars within one hundred eighty (180) days of the date of the execution and delivery of this agreement. This sum shall not boar interest if it is paid on time but shall bear interest at the rate of six (6%) percent per annum if it is not paid with one hundred eighty (180) days of the date of the execution and delivery of this agreement. These payments take into consideration Wife's retention of her account in Bank America and Husband's retention of his account with Commerce Bank. 12. MOTOR VEHICLES. The parties agree that they have distributed and disposed of the motor vehicles they owned at the time of their marriage to their mutual satisfaction. Each of the parties hereby waives any claim to or interest in any motor vehicle currently titled or held in the name of the other. 13. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 14 ALIMONY. Husband shall pay alimony to Wife, as follows: A. The amount of alimony shall be Nine Thousand ($9,000.00) Dollars per month n and shall commence thirty (30) days following the execution of this agreement and shall -12- continue, on the same day of each consecutive month thereafter, until modified or terminated in accordance with this paragraph. B. The alimony shall terminate upon the earliest of any of the following to occur: (1) The death of either party; (2) Wife's cohabitation with another man for sixty (60) days or more, while the children are living at home; (2) Wife's remarriage; or (3) Eleven (11) years after the date of this agreement. C. The amount of alimony shall be subject to modification only three (3) years or more after the date of this agreement and only then upon the reduction of Husband's compensation and income, from his employment, below Five Hundred Thousand ($500,000.00) Dollars per year, before taxes. Notwithstanding the reduction in his income and any modification of alimony, however, the total amount of alimony and child support or alimony after the child support ends, that Husband shall pay to Wife, as long as he is obligated to pay alimony hereunder, shall not be less than Two Thousand Five Hundred ($2,500.00) Dollars per month. D. In addition to the payment of alimony provided for above, Husband shall pay to Wife, a lump sum of Sixty-Five Thousand ($65,000.00) Dollars on or before 31 January 2009 and a lump sum payment of Sixty-Five Thousand ($65,000.00) Dollars on or before 31 January 2010. E. The payments of alimony shall be made on or before the first day of each month. Either party may have the provisions of this paragraph, requiring the payment of alimony, entered as an order of court, for purposes of enforcement and administration, by the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree that the payments made by Husband to Wife pursuant to this paragraph shall be treated by both of them as alimony for income tax purposes. Wife shall include such payments within her income for tax purposes and Husband shall deduct the payments from his income for tax purposes. -13- 15. CREDiI _CARD. The parties acknowledge that they have both used and made charges on a Citibank credit card account with an account number ending in 4319. The parties agree that they shall, within twenty (20) days of the date of this Agreement, close that account and neither one of them will use it thereafter. When they receive the final bill for the account, each of them will pay the charges they made on the account and will cooperate with each other to make that payment within the time required by the cerdit card company so the account will be cleared and can be closed. 16. WAIVER OF FURTHER CLAIMS FOR EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 17. W PENDENTE LT]'E. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at -14- this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a'result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 18. WAILER OF ESTATE RIGHTS Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 19. WA YER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. -15- 20. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 21. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 22. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney -16- 'I iI I it or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry II of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, i alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 23. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 24. COUNSEL FEES. The parties agree that, if either of them shall breach this agreement, or otherwise fail to comply with its terms and provisions, the non-breaching party shall be entitled to enforce this agreement under the laws of the Commonwealth of Pennsylvania and shall be entitled to all remedies provided by this agreement and the general laws of the Commonwealth of Pennsylvania, including, but not limited to, enforcement by injunction, suit for monetary damages, enforcement by contempt and the other powers granted by the Divorce Code, and the like. Moreover, the parties agree that, in the event that either of the parties hereto has to take any action, formal legal action or otherwise, to enforce his or her rights under this agreement, and the other party is subsequently found to have breached this agreement or Iil to have failed to fully comply with one of its terms or provisions, then the breaching party shall be liable -17- to pay the reasonable attorney's fees and other expenses incurred by the non-breaching party to protect and preserve his or her rights herein and to enforce the provisions of this agreement. 25. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 26. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 27. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. itness MA C. PANZER A. SHELWFA . PA NZER -ls- ,r COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND On this, thet"Q day , 2008 , before me, the undersigned officer, personally appeared MARK C. PANZER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A QIZON A COMMONWEALTH OF ) 1 Al ?-i coeA ( SS.: COUNTY OF GLLM9Q44D ) On this, the Ig day of 2008 , before me, the undersigned officer, personally appeared SHELLIE A. PANZER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. WENDY FREE NOTARY PUBLIC - ARIZONA MARICOPA COUNTY My Commission Expires My ComW,xpires: 11_ tk _ -d.0 , 0 November 11 2010 -19- %MMA OMN F P N8Y WOW Seal , Notary Public Diane GX0 Camp M ?^d My Cap axpMpe p?wya ?awtdatk+n Schedule "A" Listing of Stock Options Number Grant Date Plan Type Shares Price 00004092 6/27/2001 Exec NQ 500,000.00 8.5600 00015740 1/30/02 2001 NQ 100,000.00 2.26 00017023 6/26/02 2000 NQ 300,000.00 2.55 00026675 12/11/2002 2000 I'll NQ 300,000.00 2.10 Schedule"B" Listing of Restricted Stock v t.a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff NO. 04-2546 CIVIL TERM V. CIVIL ACTION - LAW SHELLIE A. PANZER, IN DIVORCE/CUSTODY Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 6/4/2004 b. Manner of Service of Complaint: Personal Service C. Date of Service of Complaint: 6/4/2004 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 7/1/2008 b. Defendant: 6/18/2008 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated June 9, 2008, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 7/3/2008 b. Defendant's Waiver: 7/3/2008 DIANE G. RADCLIFF, ESQUIRE 3448 Trin le Road PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 I- OD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARK C. PANZER Plaintiff No. 04-2546 CIVIL TERM VERSUS SHELLIE A. PANZER, Defendant DECREE IN DIVORCE AND NOW, 2006 IT IS ORDERED AND DECREED THAT MARK C. PANZER PLAINTIFF, AND SHELLIE A. PANZER DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; No issues are outstanding. All issues have been resolved and settled by the Parties' Marital Agreement dated June 9, 2008, filed of record and incorporated into, but not merged with, this Decree E A ?.. ? .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, V. SHELLIE A. PANZER, Plaintiff NO. 04-2546 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY Defendant STIPULATION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this /day of 2008, Plaintiff, Mark C. Panzer, and Defendant, Shellie A. Panzer, stipulate and agree that the foregoing Domestic Relations Order shall be entered by the Court. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above written. WITNESS: (SEAL) MAR C. PANZER, PL PARTICIPANT /* MK&?n - DATE: 06-0+08 (SEAL) SHELLIE A. PANZER, ALT TE PAYEE DATE: -5- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff V. SHELLIE A. PANZER, Defendant NO. 04-2546 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY QUALIFIED DOMESTIC RELATIONS ORDER I, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, Mark C. Panzer, hereby certify that: 1. The only Judge involved in this case was J. Wesley Oler, Jr. who entered the Decree in Divorce on July 16, 2008. 2. The foregoing Qualified Domestic Relations Order is to be entered pursuant to the consent of the parties as evidenced by the parties' Stipulation attached to the QDRO. Respectfully submitted, ,WANE G. -M IFF, ESQUIRE ( 3448 Trindle oad Camp Hill, PA 17011 (717) 737-0100 1. D. No. 32112 Attorney for Plaintiff Cl:? Na J U% 7 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK C. PANZER, Plaintiff V. SHELLIE A. PANZER, Defendant NO. 04-2546 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY QUALIFIED DOMESTIC RELATIONS ORDER ORIGINAL SFp 0 3 ZCOB6 AND NOW, this A day of S,, 4 , 2009, based on the findings set forth herein, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jur.sdiction over the parties. The parties were married on September 30, 1989 and were divorced on July 16, 2008. 2. Participant Information: The name, last known address, Social Security Number and date of birth of the "Plan Participant" are: • Name: Mark C. Panzer • Address: 9488 East Canyon View Drive, Scottsdale, AZ 85255 • SSN:359-52-4678 • Date of Birth: 12/16/1956 3. Alternate Payee Information: The name, last known address, Social Security Number and date of birth of the "Alternate Payee" are: • Name: Sheltie A. Panzer • Address: 18303 North 95`h Street, Scottsdale, AZ 85255 • SSN: 539-70-2287 • Date of Birth: 4/10/1960 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name. The name of the Plan to which this Order applies is the Super Value (Star) 401 K Plan (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect 1 0 O? :I I klr f 1 cl ) em Ik ?. r Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order. This Order creates and recognizes the existence of an Alternate r ayee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law. This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights. This Order relates to the provisions of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit. This Order assigns to the Alternate Payee an amount equal to $522,286.37 of the Participant's total account balance accumulated under the Plan as of May 31, 2008 (or the closest valuation date thereto). The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from May 31, 2008 (or the closest valuation date thereto), until the date of total distribution to the Alternate Payee. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable account(s) established on behalf of the Alternate Payee. This account(s) will initially be established in the same fund mix percentages as the Participant's account. If permitted by the Plan, payment of the Alternate Payee's awarded amount is to be made to the Alternate Payee to an IRA or other eligible employer plan. Alternate Payee will submit the required forms to the Plan Administrator for that purpose. 9. Commencement Date and Form of Payment to Alternate Payee. If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a qualified domestic relations order by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan except a joint or survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the plan. 2 10. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a qualified domestic relations order, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee. In the event of the Alternate Payee's death prior to receiving the full amount of benefits assignFd under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 12. Death of Participant. Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefit or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; C. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; or d. to make any payment or take any action which is inconsistent with any Federal or state law, rule, regulation or applicable judic -lal decision. 14. Certification of Necessary Information. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. Continued Qualified Status of Order. It is the intention of the parties that this qualified domestic relations order continue to qualify as a qualified domestic relations order under section 414(p) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 3 4, y . 16. Tax Treatment of Distributions Made Under this Order. For purposes of sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall he treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate Federal income tax on such distribution. 17. Parties Responsible in Event of Error. In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts direction to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of re.:eipt. 18. Effect of Plan Termination. I the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Par`.°cipant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended -and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as a necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. Distribution to: -/Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Plaintiff: Mark C. Panzer, 9488 East Canyon View Drive, Scottsdale, AZ wl(ftorney for Defendant: Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 Defendant: Sheltie r Q?la?o?3 4 BY THE COURT-